That Investment Opportunities 1/7/19 and 2/7/19, as set out in the Exempt Cabinet Minute 11/7/19, be approved.

(Note:  the decision in respect of Investment Opportunities 1/7/19 and 2/7/19 is restricted due to exempt information contained within the decision.)

(i)         that the South Hams Special Area of Conservation Habitats Regulations Assessment Guidance, set out at Appendix 1 to the submitted report be approved subject to the following modifications and the Assistant Director Planning and Transport, in consultation with the Cabinet Member for Infrastructure, Environment and Culture, be given delegated authority to approve any necessary minor amendments to the document:

(a)       add the following text at the end of first sentence in paragraph (5.1) on page 17: (by the Steering Group); and

(b)       add the following note to Existing Features as foot note on page 11 and update the text in paragraph 5.2 on page 17: (The DCC Environment Viewer will be updated at regular intervals to show new Pinch Points or Mitigation Features but is not exhaustive. Only strategic features are likely to be shown. Therefore, applicants and LPAs will have to have due regard to any likely conditions or s106 obligations that require the retention or provision of existing mitigation features on or near, which may affect their individual sites); and

(ii)        that once approved by Torbay Council, the Guidance will hold interim guidance status until agreed by all partner authorities in the South Hams SAC consultation area.  It is hoped this will be completed by September 2019.

That the Interim Director of Place, in consultation with the Chief Executive, be authorised to:

a)            surrender and re-grant a lease for a term of 21 years of the land and building known as Cantina, Goodrington, Paignton to Kantina Limited as shown in plan EM3249 set out at Appendix 1 to the submitted report; and

b)            grant a lease for a term of 15 years of the land and building known as the Spanish Shelter, Youngs Park, Goodrington, Paignton to Kantina Limited as shown in plan EM3343 set out at Appendix 2 to the submitted report.

That the Local Account set out in Appendix 1 to the submitted report be approved.

That the Leader of the Council writes to Torbay’s Members of Parliament urging them to lobby the Government to honour their manifesto commitment to maintain the Free TV Licence for those aged over 75.

That the Director of Children and Cabinet Member for Children’s Services make representations to the Secretary of State for Education and the Chancellor of the Exchequer, calling for them to:

·         Reverse, in full, the real-terms cuts to per-pupil school budgets since 2015 – meaning schools in Torbay would receive much needed additional funding in 2020.

·         Provide additional funding to Torbay and others across the country to give urgently needed and adequate funding support to children with special educational needs and disabilities.

·         Guarantee all teachers a pay rise which is at least in line with inflation next year, in order to reduce the number of talented teachers leaving the profession.

That the Cabinet resolves:

(i)      to support Generation Rent’s campaign to abolish section 21 of the Housing Act 1988; and

(ii)     that the Leader of the Council writes to the Secretary of State for Housing, Communities and Local Government requesting this change in the law.

That the period for the community to come up with a suitable proposal and bid for the Echo Building to ensure continued community use, under the Council’s Asset of Community Value Policy, be extended by three months.

That Cabinet recommends to the Council:

(i)         that Council authorise £100 million of additional prudential borrowing to enable the Investment and Regeneration Fund to increase to £300 million; and

(ii)        that Council set the investment boundary to the Greater South West peninsula and the Functional Economic Market Area (FEMA), and instruct the Monitoring Officer to make the necessary amendments to the Investment and Regeneration Strategy Policy Framework document.

That the Cabinet recommend to Council:

(i)         that a Torbay Economic Grown Fund be established and up to £100 million of prudential borrowing be approved for the progress of a range of capital projects for economic growth and regeneration within Torbay and, to be funded from the future income from those projects;

(ii)        that Council delegates to Cabinet the approval of each project, or a number of linked projects, subject to a business case that demonstrates the regeneration outcomes and that the borrowing required to initially fund the project is prudent and affordable;

(iii)       that TDA be asked to confirm the criteria against which the Torbay Economic Growth Fund would be allocated;  and

(iv)       that TDA prepare acquisition and development reports for projects within the Borough of Torbay, which will accelerate the Council’s ambition of a thriving economy and in particular to instruct officers to:

a)            Bring a report back to Cabinet setting out projects for inclusion in a refreshed and prioritised Town Centre Regeneration Delivery Strategy, including the projects identified in this report, and associated budget requirements.

b)            Bring forward proposals for appropriate regeneration schemes for Union Street.

c)            Present to Cabinet the emerging Supplementary Planning Document for delivery of housing on Phase 1, Victoria Centre.

d)            Present to Cabinet a full business case for the redevelopment of Brixham Town Centre Car Park, in line with community aspirations.

e)            Explore, and present to Cabinet, options for any Joint Venture Partnership arrangements linked to the Torbay Economic Growth Fund.

f)             Present to Cabinet proposals for refreshed governance arrangements, for integrated and speedier delivery of town centre regeneration.

g)            Present to Cabinet proposals to develop with the private sector Torbay Business Park, Paignton.

h)           Present to Cabinet proposals for additional workspace at Lymington Road, Torquay.

i)             Present to Cabinet proposals for strategic acquisitions in support of the Council’s employment growth objectives.

The decision in respect of the future of the Riviera International Conference Centre is restricted due to exempt information contained within the decision.

Cabinet Recommendation to Council:

(i)         that the Council be recommended that the Torbay Airshow 2020 (6 and 7 June) be supported and a revenue contribution of £25,000 towards the Airshow be approved;

Cabinet Decisions:

(ii)        that the Interim Director of Place be requested to work with Richmond Event Management along with the Commercial and Marketing Group, to engage with potential sponsors for the 2020 Torbay Airshow at the earliest opportunity;

(iii)       that the renaming of the Torbay Airshow to the ‘English Riviera Airshow’, be approved subject to the Interim Director of Place negotiating an appropriate level of sponsorship;

(iv)       that the Interim Director of Place and Chief Finance Officer be requested to negotiate a risk share arrangement that would see the Council and TDA share the burden of any unforeseen budget overspend, should the air show event not reach a break even position; and

(v)        that the Interim Director of Place be instructed to explore a range of options to offset the carbon dioxide produced by the air show and one such measure, which could also help to tackle fuel poverty, should include a higher standard of wall and roof insulation for new affordable homes commissioned by the Council.

(i)         that the following be recommended to Council to be agreed as the draft recommendations of the Community Governance Review of Torbay, to be the subject of a second phase of consultation with local electors, residents, organisations and interested parties to run for a period of 8 weeks, from Monday 2 September to Friday 25 October 2019:

(a)          that two new parishes be created within Torbay – one entitled Torquay Parish covering the wards of Barton with Watcombe, Cockington with Chelston, Ellacombe, Shiphay, St Marychurch, Tormohun and Wellswood and the other entitled Paignton Parish covering the wards of Clifton with Maidenway, Collaton St Mary, Goodrington with Roselands, Kings Ash, Preston and Roundham with Hyde.  For the ward of Churston with Galmpton, that further consultation be undertaken to determine whether it should be within the Paignton Parish, or whether it should be included within the boundaries for Brixham Town Council;

(b)          that councils be established to serve the new parishes of Torquay and Paignton with effect from 1 April 2020 (note that once established a parish council may decide to call itself a town council);

(c)          that the new parish/town councils for Torquay and Paignton each be divided into wards for the purposes of electing parish councillors – the ward boundaries and number of councillors to be elected for each ward to be the same as the existing arrangements for those wards on Torbay Council;

(d)          that Torbay Council set a maximum Band D precept of no more than £90.00 per annum for each of the new parish/town councils in their first year of operation; and

(e)          That no changes be made to the status or electoral arrangements for Brixham Town Council, with further consultation to be undertaken to determine whether the ward of Churston with Galmpton should be within the Paignton Parish, or whether it should be included within the boundaries for Brixham Town Council; and

(ii)        that the Council be recommended to amend the terms of reference for the community governance review by the adoption of the revised timetable attached at Appendix 1 to the submitted report and republished.

(i)        That in consideration of the Council’s previous decision made in July 2017 and set out below;

            ‘That Council approve £25 million of Prudential Borrowing, in principle, to facilitate the work of the Housing Rental Company, in the form of a loan for a capital purpose. Detailed business cases are required to be presented to the Housing Rental Company Committee for approval, in order to trigger any draw down against this amount. The terms of the loan to be determined at the point of draw down by the Head of Finance’

            that the Chief Finance Officer be delegated authority to approve the financial aspects only of detailed business cases submitted by the TDA (thereby approving a loan for a capital purpose) to be funded from the approved prudential borrowing of £25 million, to be drawn down at 0.25% above the prevailing Public Works Loan Board rate subject to review of the financial aspects of each scheme to ensure compliance with state aid, the Prudential Code, and scheme viability in consultation with the Cabinet Member for Economic Regeneration, Tourism and Housing, and the Interim Director of Place;  and

(ii)        that the Chief Finance Officer be instructed to confirm/reject the prudential borrowing request from the TDA on financial aspects only, with a response not to be unreasonably delayed and in any event within 10 working days of the request.

That the Cabinet recommend to Council:

(iii)       that a loan of up to £1 million be approved to TDA, if required, to allow access to the necessary working capital required to set up the Housing Company with the terms of the loan delegated to the Chief Finance Officer to agree, in consultation with the Cabinet Member for Finance;

(iv)       that the land at Torre Marine, edged red on the attached plan set out at Appendix 1 to the submitted report, be transferred to TDA for the delivery of affordable housing, subject to an appropriate nomination and grant agreement, at nil cost in return for 100% nomination rights in perpetuity;

(v)       that the decision made by the Council on the 19 October 2017 (Minute 103/10/17 refers) be rescinded and that the following be approved:

That the Chief Executive, in consultation with the Cabinet Member for Economic Regeneration, Tourism and Housing, be given delegated authority to allocate the Affordable Housing capital budget to the TDA or subsidiary thereof to facilitate the delivery of affordable housing in line with the commissioning agreement.

(i)         That the petition to ‘save our beach toilets at Goodrington, set out at Appendix 2 to the submitted report be noted;  and

(ii)        that the Interim Director of Place, in consultation with the Chief Executive, offer a long term lease (30 years) to the current tenant of South Sands Beach Cafe (South Sands Café Goodrington Limited), as shown in plan EM3030 (as set out at Appendix 1 to the submitted report), which includes toilets to its customers and the general public during its opening hours. Furthermore, that public toilet provision at Goodrington North and Goodrington South will remain open for the summer season 2019.